Commission Regulation (EC) No 1249/2008 (repealed)Show full title

Commission Regulation (EC) No 1249/2008

of 10 December 2008

laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof (repealed)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1), and in particular Article 43, point (m) in conjunction with Article 4 thereof,

Whereas:

(1) In accordance with Article 204(2)(h) of Regulation (EC) No 1234/2007, that Regulation is to apply as regards the Community scales for the carcase classification as from 1 January 2009. Detailed rules for the implementation of those Community scales and the reporting of prices based thereof by the Member States should therefore be adopted and apply from 1 January 2009.

(2) Rules on the implementation of the Community scales for the classification of carcases are laid down so far in several acts, and in particular in Commission Regulations (EEC) No 563/82 of 10 March 1982 laying down detailed rules for the application of Regulation (EEC) No 1208/81 for establishing the market prices of adult bovine animals on the basis of the Community scale for the classification of carcases(2), (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases(3), (EEC) No 344/91 of 13 February 1991 laying down detailed rules for applying Council Regulation (EEC) No 1186/90 to extend the scope of the Community scale for the classification of carcases of adult bovine animals(4), (EC) No 295/96 of 16 February 1996 laying down detailed rules for the application of Council Regulation (EEC) No 1892/87 as regards the recording of market prices of adult bovine animals, on the basis of the Community scale for the classification of carcases(5), (EC) No 103/2006 of 20 January 2006 adopting additional provisions for the application of the Community scale for the classification of carcases of adult bovine animals(6), (EC) No 908/2006 of 20 June 2006 establishing the list of representative markets for pigmeat in the Community(7), (EC) No 1128/2006 of 24 July 2006 on the marketing stage to which the average price for pig carcases refers(8), (EC) No 1319/2006 of 5 September 2006 on the exchange between the Member States and the Commission of certain information concerning pigmeat(9), (EC) No 710/2008 of 24 July 2008 fixing the weighting coefficients to be used in calculating the Community market price for pig carcases for the 2008/09 marketing year(10), (EC) No 22/2008 of 11 January 2008 laying down detailed rules for the Community scale for the classification of carcases of ovine animals(11), and in Commission Decision 83/471/EEC of 7 September 1983 relating to the Community Inspection Committee on the application of the classification scale for carcases of adult bovine animals(12). In the interests of clarity and rationality those Regulations and Decision should be replaced by a single act.

(3) Article 42(1) of Regulation (EC) No 1234/2007 provides that Community scales for the classification of carcases of adult bovines and of pigs should apply in accordance with certain rules laid down in Annex V to that Regulation, while Member States may also apply a Community scale for the classification of carcases of sheep.

(4) Article 42(1), point (a) of Regulation (EC) No 1234/2007 provides that the Community scale for the classification of carcases in the beef and veal sector should apply to carcases of adult bovine animals. Point IV(2) of Annex III to that Regulation defines an adult bovine animal in relation to the live weight of the animal. Notwithstanding that definition and in order to ensure a uniform application, it is appropriate to allow Member States to make the application of the Community scale compulsory for carcases of bovines as of a specific age determined on the basis of the identification and registration system provided for by Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(13). That identification and registration system should also be used for the division of carcases into category A and B as referred to in point A(II) of Annex V to Regulation (EC) No 1234/2007.

(5) In order to ensure the uniform classification of the carcases of adult bovines and of sheep in the Community, it is necessary to make more precise the definitions of the classes of conformation and fat cover referred to in points A(III) and C(III) of Annex V to Regulation (EC) No 1234/2007.

(6) Point A(III) of Annex V to Regulation (EC) No 1234/2007 provides for a conformation class S for carcases obtained from bovines of the double-muscled type. Given that this particular conformation class reflects the particular characteristics of the bovine livestock in some Member States, it is appropriate to provide that Member States have the option to make use of the conformation class S.

(7) In accordance with the second indent of Article 43, point (m)(iii) of Regulation (EC) No 1234/2007, derogations from the general obligation to classify carcases of adult bovines may be granted to Member States which so request for certain small-scale establishments. On the basis of experience gained with the application of the Community classification scale, Member States consider it appropriate in having such derogation for slaughterhouses which slaughter not more than 75 adult bovine animals per week as an annual average. The Commission considers that derogation justified, taking into account the limited volume of the production in those slaughterhouses. For the same reasons, such derogation was also provided for in the first indent of Article 2(2) of Regulation (EEC) No 344/91. Therefore, in order to simplify application of the second indent of Article 43, point (m)(iii) of Regulation (EC) No 1234/2007, it is appropriate to authorise Member States themselves to grant such derogation.

(8) Article 43, point (m)(iv) of Regulation (EC) No 1234/2007 provides that Member States should be authorised not to apply the grading scale for the classification of pig carcases. That provision should in particular apply to small-scale slaughterhouses, which on average slaughter not more than 200 pigs per week.

(9) In order to ensure the accurate application of the Community classification scales, the conditions and practical methods for the classification, weighing and identification of carcases of adult bovines, pigs and sheep should be specified, with a view to improving market transparency.

(10) However, provision should be made for certain derogations thereof, in particular concerning the time limit for classifying and weighing carcases in case of a technical breakdown of the automated grading techniques, the location of stamps or labels indicating the classification on the carcases and slaughterhouses who debone all carcases themselves. As regards pig carcases, the weight should relate to the weight of the cold carcase calculated by applying to the result of the weighing a conversion coefficient to be determined. That coefficient should vary depending on the time between the weighing and the sticking of the pig. An adjustment of the coefficient should therefore be allowed.

(11) The natural or legal persons who have the slaughtering of bovines carried out should be informed of the result of the classification of the animals delivered for slaughter. That communication should also include certain additional information in order to ensure full transparency towards the suppliers.

(12) In order to ensure the accuracy and reliability of the classification of carcases of adult bovines and of sheep, that classification should be carried out by staff having the necessary qualifications certified by a licence or approval.

(13) With a view to authorising alternative methods to direct visual assessment of the conformation and fat cover of carcases of adult bovines, automated grading techniques may be introduced when they are based on statistically proven methods. Authorisation of automatic grading techniques should be subject to compliance with certain conditions and requirements as well as with a maximum tolerance for statistical error in classification that should be specified.

(14) Provision should be made for the possibility to modify, after a licence was granted, the technical specifications of the automated grading techniques for the classification of carcases of adult bovines with a view to improving their accuracy. However, such modifications should require the prior approval of the competent authorities that should ascertain that these modifications result in at least the same level of accuracy.

(15) The value of a pig carcase is determined in particular by its lean-meat content in relation to its weight. In order to ensure that the lean-meat content is assessed on an objective basis, the assessment should be made by measuring certain anatomical parts of the carcase by means of authorised and statistically proven methods. While various methods can be applied for the assessment of the lean-meat content of a pig carcase, it is necessary to ensure that the choice of the method does not affect the estimated lean-meat content. For the determination of the commercial value of the pig carcase, the use of assessment criteria other than weight and the estimated lean-meat content should also be authorised.

(16) Point C(III) of Annex V to Regulation (EC) No 1234/2007 provides that carcases of sheep should be classified into various classes on the basis of the conformation and the degree of fat cover. However, other criteria, in particular weight, meat colour and fat cover, may be used for the carcases of lambs less than 13 kg weight.

(17) The reliability of the classification of carcases of adult bovines, pigs and sheep should be verified by regular on-the-spot checks carried out by bodies that are independent from the establishments they inspect. The conditions and minimum requirements for these checks should be laid down, including the reporting on the checks carried out as well as possible follow-up actions. In case the classification of carcases of adult bovines is carried out by using automated grading techniques, certain additional provisions on spot checks should be laid down, which should also include that the frequency of those checks is increased in the initial period after the licence was granted.

(18) In order to obtain comparable beef, pig and sheep carcase prices in the Community, it is necessary to provide that the price recording should refer to a well-defined marketing stage. Moreover, the EU reference presentation of carcases of adult bovines and of sheep should be determined. Certain corrective factors should also be determined to adjust the presentations used in some Member States to the EU reference presentation.

(19) In order to ensure that the carcase prices recorded are representative of the Member States’ production in the beef, pigmeat and sheep sector, it is necessary to define the categories and classes as well as certain criteria defining which establishments or persons for which the price reporting should be compulsory.

(20) For the purpose of the reporting of beef carcase prices, Member States should be allowed to decide whether their territory is divided, and if so, into how many regions. It is appropriate to provide that the price reporting for the United Kingdom should relate to two regions, namely Great Britain and Northern Ireland.

(21) In case Member States have established regional committees to determine carcase prices of adult bovines, provision should be made that their membership ensures a balanced and objective approach and that the prices determined by these committees are taken into account in the national price calculation.

(22) In case any supplementary payments are made to suppliers of adult bovines, establishments or persons that are obliged to report prices should be obliged to make certain corrections of the prices in order to avoid any distortion in the calculation of the average national prices.

(23) The practical method to be used by Member States to calculate average weekly prices should be laid down. These prices should be reported to the Commission on a weekly basis, which should serve as the basis for the determination of weighted average prices at Community level.

(24) With a view to monitoring the reporting of carcase prices of adult bovines, pigs and sheep, Member States should be obliged to communicate periodically certain information to the Commission.

(25) In order to ensure a uniform application of the Community scales for the classification of beef and sheep carcases throughout the Community, Article 42(2) of Regulation (EC) No 1234/2007 provides for on-the-spot inspections to be carried out by a Community inspection committee composed of experts from the Commission and experts appointed by the Member States. Implementing rules should be laid down regarding the composition and functioning of that committee.

(26) It is necessary to provide that Member States should take certain measures in order to ensure the correct application of the Community classification scales, to ensure the accuracy of the reported prices and to penalise any infringements. Moreover, Member States should be obliged to inform the Commission of these measures.

(27) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 299, 16.11.2007, p. 1.

(2)

OJ L 67, 11.3.1982, p. 23.

(3)

OJ L 285, 25.10.1985, p. 39.

(4)

OJ L 41, 14.2.1991, p. 15.

(5)

OJ L 39, 17.2.1996, p. 1.

(6)

OJ L 17, 21.1.2006, p. 6.

(7)

OJ L 168, 21.6.2006, p. 11.

(8)

OJ L 201, 25.7.2006, p. 6.

(9)

OJ L 243, 6.9.2006, p. 3.

(10)

OJ L 197, 25.7.2008, p. 28.

(11)

OJ L 9, 12.1.2008, p. 6.

(12)

OJ L 259, 20.9.1983, p. 30.

(13)

OJ L 204, 11.8.2000, p. 1.